Certain Amorphous Silica Fabric Between 70 and 90 Percent Silica, From the People's Republic of China: Initiation of Circumvention Inquiry of Antidumping and Countervailing Duty Orders-70-90 Percent Amorphous Silica Fabric, 67022-67023 [2021-25657]
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Federal Register / Vol. 86, No. 224 / Wednesday, November 24, 2021 / Notices
technological collection techniques or
other forms of information technology.
All responses to this notice will be
summarized and included in the request
to OMB for approval. All comments will
become a matter of public record.
Obtaining a Copy of the Information
Collection: A copy of the information
collection and related instructions may
be obtained free of charge by contacting
Robert Martin as directed above.
Done at Washington, DC, this day of
November 18, 2021.
Carrie L. Castille,
Director, National Institute of Food and
Agriculture, U.S. Department of Agriculture.
[FR Doc. 2021–25665 Filed 11–23–21; 8:45 am]
BILLING CODE P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–78–2021]
khammond on DSKJM1Z7X2PROD with NOTICES
Foreign-Trade Zone (FTZ) 18—San
Jose, California Notification of
Proposed Production Activity
Innovusion, Inc. (Light Detection and
Ranging Systems) Sunnyvale,
California
Innovusion, Inc. (Innovusion)
submitted a notification of proposed
production activity to the FTZ Board
(the Board) for its facility in Sunnyvale,
California under FTZ 18. The
notification conforming to the
requirements of the Board’s regulations
(15 CFR 400.22) was received on
November 12, 2021.
Pursuant to 15 CFR 400.14(b), FTZ
production activity would be limited to
the specific foreign-status material(s)/
component(s) and specific finished
product(s) described in the submitted
notification (summarized below) and
subsequently authorized by the Board.
The benefits that may stem from
conducting production activity under
FTZ procedures are explained in the
background section of the Board’s
website—accessible via www.trade.gov/
ftz.
The proposed finished products
include light detection and ranging
systems (duty rate is duty-free).
The proposed foreign-status materials
and components include: Stainless steel
or non-extrusion aluminum housings,
brackets, mounts, baffles, spacers,
clamps, rings, bushings, shields, covers;
unground ball bearings; cables and
wires with connectors; encoders;
electronic integrated circuits; fiber
lasers; neodymium rare earth block
magnets; brushless electric motors and
generators; O-rings; optical fiber cables
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17:05 Nov 23, 2021
Jkt 256001
and cable bundles; optical transceivers;
printed circuit board splices and
couplings; populated printed circuit
board assemblies; stators and rotors for
motors; transmission shafts; tempered
glass windows; and, multi-faceted
mirror mounted on mechanical bases
(duty rate ranges from duty-free to
9.0%). The request indicates that certain
materials/components are subject to
duties under Section 301 of the Trade
Act of 1974 (Section 301), depending on
the country of origin. The applicable
Section 301 decisions require subject
merchandise to be admitted to FTZs in
privileged foreign status (19 CFR
146.41).
Public comment is invited from
interested parties. Submissions shall be
addressed to the Board’s Executive
Secretary and sent to: ftz@trade.gov. The
closing period for their receipt is
January 3, 2022.
A copy of the notification will be
available for public inspection in the
‘‘Online FTZ Information System’’
section of the Board’s website.
For further information, contact
Juanita Chen at juanita.chen@trade.gov.
Dated: November 18, 2021.
Camille R. Evans,
Acting Executive Secretary.
[FR Doc. 2021–25656 Filed 11–23–21; 8:45 am]
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–038, C–570–039]
Certain Amorphous Silica Fabric
Between 70 and 90 Percent Silica,
From the People’s Republic of China:
Initiation of Circumvention Inquiry of
Antidumping and Countervailing Duty
Orders—70–90 Percent Amorphous
Silica Fabric
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to allegations of
circumvention from Auburn
Manufacturing, Inc. (AMI), the
Department of Commerce (Commerce) is
initiating a country-wide circumvention
inquiry to determine whether imports of
certain amorphous silica fabric with 70–
90 percent silica content (70–90 percent
ASF) from the People’s Republic of
China (China) are circumventing the
antidumping duty (AD) and
countervailing duty (CVD) orders on
certain amorphous silica fabric with a
silica content of at least 90 percent from
China.
DATES: Effective November 24, 2021.
AGENCY:
Frm 00004
Fmt 4703
Margaret Collins, AD/CVD Operations,
Office VI, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6250.
SUPPLEMENTARY INFORMATION:
Background
On August 20, 2021, Auburn
Manufacturing, Inc. (AMI), the
petitioner in the AD and CVD
investigations, requested that Commerce
initiate circumvention inquiries with
regard to 70–90 percent ASF that is
exported to the United States from
China.1 The petitioner alleges that 70–
90 percent ASF constitutes merchandise
altered in form or appearance in such
minor respects that it should be
included within the scope of the
Orders,2 pursuant to section 781(c) of
the Tariff Act of 1930, as amended (the
Act) and 19 CFR 351.225(i). In addition,
the petitioner alleges that 70–90 percent
ASF is later-developed merchandise and
should be included within the scope of
the Orders, pursuant to section 781(d) of
the Act and 19 CFR 351.225(j). No
interested parties submitted comments
in response to this request for an
inquiry.
Scope of the Orders
BILLING CODE 3510–DS–P
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FOR FURTHER INFORMATION CONTACT:
Sfmt 4703
The product subject to these Orders is
amorphous silica fabric with silica
content of at least 90 percent from
China. For a complete description of the
scope of the Orders, see the Initiation
Decision Memorandum dated
concurrently with this notice.3
Merchandise Subject to the
Circumvention Inquiry
This circumvention inquiry covers
amorphous silica fabric with silica
content between 70 and 90 percent
produced in China and exported to the
United States.
Legal Framework
Section 781(c) of the Act provides that
Commerce may find circumvention of
an AD or CVD order when merchandise
of the same class or kind as
1 See Petitioner’s Letter, ‘‘Certain Amorphous
Silica Fabric from the People’s Republic of China:
Request for Anti-Circumvention Inquiry,’’ dated
August 20, 2021.
2 See Certain Amorphous Silica Fabric from the
People’s Republic of China: Antidumping Duty
Order, 82 FR 14314 (March 17, 2017); see also
Certain Amorphous Silica Fabric from the Peoples’
Republic of China: Countervailing Duty Order, 82
FR 14316 (March 27, 2017) (Orders).
3 See Memorandum, ‘‘Decision Memorandum for
Initiation of Anti-Circumvention Inquiry,’’ dated
concurrently with and hereby adopted by this
notice (Initiation Decision Memorandum).
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khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 86, No. 224 / Wednesday, November 24, 2021 / Notices
merchandise has been ‘‘altered in form
or appearance in minor respects . . .
whether or not included in the same
tariff classification.’’ Section 781(c)(2) of
the Act provides an exception that
‘‘{p}aragraph 1 shall not apply with
respect to altered merchandise if the
administering authority determines that
it would be unnecessary to consider the
altered merchandise within the scope of
the {order}.’’ While the Act is silent
regarding the factors to consider in
determining whether alterations are
properly considered ‘‘minor,’’ the
legislative history of this provision
indicates that there are certain factors
that should be considered before
reaching a circumvention
determination. In conducting a
circumvention inquiry under section
781(c) of the Act, Commerce has
generally relied upon ‘‘such criteria as
the overall physical characteristics of
the merchandise, the expectations of the
ultimate users, the use of the
merchandise, the channels of marketing
and the cost of any modification relative
to the total value of the imported
products.’’ 4 Concerning the allegation
of minor alteration under section 781(c)
of the Act and 19 CFR 351.225(i),
Commerce examines such factors as: (1)
Overall physical characteristics; (2)
expectations of ultimate users; (3) use of
merchandise; (4) channels of marketing;
and, (5) cost of any modification relative
to the value of the imported products.5
Section 781(d) of the Act provides
that Commerce may initiate an
circumvention inquiry to determine
whether merchandise developed after
an AD or CVD investigation is within
the scope of the order(s). In conducting
later-developed merchandise inquiries
under section 781(d)(1) of the Act,
Commerce will evaluate whether: (1)
The general physical characteristics of
the merchandise subject to the inquiry
are the same as subject merchandise
covered by the order(s); (2) the
expectations of the ultimate purchasers
of the merchandise subject to the
inquiry are no different to the
expectations of the ultimate purchasers
of subject merchandise; (3) the ultimate
use of the inquiry merchandise and
subject merchandise are the same; (4)
the channels of trade of both products
are the same; and, (5) there are any
differences in the advertisement and
display of both products.6 First,
4 See Carbon and Certain Alloy Steel Wire Rod
from Mexico: Initiation of Anti-Circumvention
Inquiry of Antidumping Duty Order, 83 FR 5405
(February 7, 2018) (citing S. Rep. No. 71, 100th
Cong., 1st Sess. 100 (1987)).
5 Id.; see also Deacero S.A. de C.V. v. United
States, 817 F.3d 1332 (Fed. Cir. 2016).
6 See section 781(d)(1) of the Act.
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however, Commerce applies a
commercial availability test to
determine whether the merchandise
subject to the inquiry was commercially
available at the time of the
investigation(s) (i.e., the product was
present in the commercial market or the
product was tested and ready for
commercial production).7
Analysis
After analyzing the record evidence
and the petitioner’s allegation, we
determine that there is sufficient
information to warrant the initiation of
a minor alterations circumvention
inquiry, pursuant to section 781(c) of
the Act and 19 CFR 351.225(i).
However, we determine that initiation
of a later-developed merchandise
circumvention inquiry, pursuant to
section 781(d) of the Act and 19 CFR
351.225(j), is not warranted. For a full
discussion of the basis for our decision
to initiate a minor alterations
circumvention inquiry, but not a laterdeveloped merchandise circumvention
inquiry, see the Initiation Decision
Memorandum. The Initiation Decision
Memorandum is a public document, on
file electronically via Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (ACCESS).
ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Initiation
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx.
Conclusion
Commerce will determine whether
the merchandise subject to the inquiry
(as described in the ‘‘Merchandise
Subject to the Anti-Circumvention
Inquiry’’ section above) is
circumventing the Orders such that it
should be included within the scope of
the Orders, pursuant to section 781(c) of
the Act and 19 CFR 351.225(i).
In accordance with 19 CFR
351.225(l)(2), if Commerce issues a
preliminary affirmative determination,
we will then instruct U.S. Customs and
Border Protection to suspend
liquidation and require a cash deposit of
estimated duties, at the applicable rate,
7 See Later-Developed Anticircumvention Inquiry
of the Antidumping Duty Order on Petroleum Wax
Candles from the People’s Republic of China:
Affirmative Preliminary Determination of
Circumvention of Antidumping Duty Order, 71 FR
32033, 32035 (June 2, 2006), unchanged in LaterDeveloped Merchandise Anticircumvention Inquiry
of the Antidumping Duty Order on Petroleum Wax
Candles from the People’s Republic of China:
Affirmative Final Determination of Circumvention
of the Antidumping Duty Order, 71 FR 59075
(October 6, 2006).
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Sfmt 4703
67023
for each unliquidated entry of the
merchandise at issue entered or
withdrawn from warehouse for
consumption on or after the date of
publication in the Federal Register of
the initiation of the inquiry.
Commerce will establish a schedule
for questionnaires and comments on the
issues related to the inquiry. In
accordance with section 781(f) of the
Act, to the maximum extent practicable,
Commerce intends to issue its final
determination within 300 days of the
date of publication of this initiation.
Notification to Interested Parties
This notice is published in
accordance with sections 781(c) of the
Act and 19 CFR 351.225(i).
Dated: November 18, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and
Negotiations, Performing the Non-Exclusive
Functions and Duties of the Assistant
Secretary for Enforcement and Compliance.
[FR Doc. 2021–25657 Filed 11–23–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XB048]
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to the U.S. Coast Guard’s
Alaska Facility Maintenance and
Repair Activities
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application for
Letter of Authorization; request for
comments and information.
AGENCY:
NMFS has received a request
from the U.S. Coast Guard for
authorization to take small numbers of
marine mammals incidental to
conducting construction activities
related to maintenance and repair of
eight of their facilities in Alaska over
the course of five years from the date of
issuance. Pursuant to regulations
implementing the Marine Mammal
Protection Act (MMPA), NMFS is
announcing receipt of the U.S. Coast
Guard’s request for the development
and implementation of regulations
governing the incidental taking of
marine mammals. NMFS invites the
public to provide information,
suggestions, and comments on the
application and request.
SUMMARY:
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]]>Agencies
[Federal Register Volume 86, Number 224 (Wednesday, November 24, 2021)]
[Notices]
[Pages 67022-67023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25657]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-038, C-570-039]
Certain Amorphous Silica Fabric Between 70 and 90 Percent Silica,
From the People's Republic of China: Initiation of Circumvention
Inquiry of Antidumping and Countervailing Duty Orders--70-90 Percent
Amorphous Silica Fabric
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: In response to allegations of circumvention from Auburn
Manufacturing, Inc. (AMI), the Department of Commerce (Commerce) is
initiating a country-wide circumvention inquiry to determine whether
imports of certain amorphous silica fabric with 70-90 percent silica
content (70-90 percent ASF) from the People's Republic of China (China)
are circumventing the antidumping duty (AD) and countervailing duty
(CVD) orders on certain amorphous silica fabric with a silica content
of at least 90 percent from China.
DATES: Effective November 24, 2021.
FOR FURTHER INFORMATION CONTACT: Margaret Collins, AD/CVD Operations,
Office VI, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-6250.
SUPPLEMENTARY INFORMATION:
Background
On August 20, 2021, Auburn Manufacturing, Inc. (AMI), the
petitioner in the AD and CVD investigations, requested that Commerce
initiate circumvention inquiries with regard to 70-90 percent ASF that
is exported to the United States from China.\1\ The petitioner alleges
that 70-90 percent ASF constitutes merchandise altered in form or
appearance in such minor respects that it should be included within the
scope of the Orders,\2\ pursuant to section 781(c) of the Tariff Act of
1930, as amended (the Act) and 19 CFR 351.225(i). In addition, the
petitioner alleges that 70-90 percent ASF is later-developed
merchandise and should be included within the scope of the Orders,
pursuant to section 781(d) of the Act and 19 CFR 351.225(j). No
interested parties submitted comments in response to this request for
an inquiry.
---------------------------------------------------------------------------
\1\ See Petitioner's Letter, ``Certain Amorphous Silica Fabric
from the People's Republic of China: Request for Anti-Circumvention
Inquiry,'' dated August 20, 2021.
\2\ See Certain Amorphous Silica Fabric from the People's
Republic of China: Antidumping Duty Order, 82 FR 14314 (March 17,
2017); see also Certain Amorphous Silica Fabric from the Peoples'
Republic of China: Countervailing Duty Order, 82 FR 14316 (March 27,
2017) (Orders).
---------------------------------------------------------------------------
Scope of the Orders
The product subject to these Orders is amorphous silica fabric with
silica content of at least 90 percent from China. For a complete
description of the scope of the Orders, see the Initiation Decision
Memorandum dated concurrently with this notice.\3\
---------------------------------------------------------------------------
\3\ See Memorandum, ``Decision Memorandum for Initiation of
Anti-Circumvention Inquiry,'' dated concurrently with and hereby
adopted by this notice (Initiation Decision Memorandum).
---------------------------------------------------------------------------
Merchandise Subject to the Circumvention Inquiry
This circumvention inquiry covers amorphous silica fabric with
silica content between 70 and 90 percent produced in China and exported
to the United States.
Legal Framework
Section 781(c) of the Act provides that Commerce may find
circumvention of an AD or CVD order when merchandise of the same class
or kind as
[[Page 67023]]
merchandise has been ``altered in form or appearance in minor respects
. . . whether or not included in the same tariff classification.''
Section 781(c)(2) of the Act provides an exception that
``{p{time} aragraph 1 shall not apply with respect to altered
merchandise if the administering authority determines that it would be
unnecessary to consider the altered merchandise within the scope of the
{order{time} .'' While the Act is silent regarding the factors to
consider in determining whether alterations are properly considered
``minor,'' the legislative history of this provision indicates that
there are certain factors that should be considered before reaching a
circumvention determination. In conducting a circumvention inquiry
under section 781(c) of the Act, Commerce has generally relied upon
``such criteria as the overall physical characteristics of the
merchandise, the expectations of the ultimate users, the use of the
merchandise, the channels of marketing and the cost of any modification
relative to the total value of the imported products.'' \4\ Concerning
the allegation of minor alteration under section 781(c) of the Act and
19 CFR 351.225(i), Commerce examines such factors as: (1) Overall
physical characteristics; (2) expectations of ultimate users; (3) use
of merchandise; (4) channels of marketing; and, (5) cost of any
modification relative to the value of the imported products.\5\
---------------------------------------------------------------------------
\4\ See Carbon and Certain Alloy Steel Wire Rod from Mexico:
Initiation of Anti-Circumvention Inquiry of Antidumping Duty Order,
83 FR 5405 (February 7, 2018) (citing S. Rep. No. 71, 100th Cong.,
1st Sess. 100 (1987)).
\5\ Id.; see also Deacero S.A. de C.V. v. United States, 817
F.3d 1332 (Fed. Cir. 2016).
---------------------------------------------------------------------------
Section 781(d) of the Act provides that Commerce may initiate an
circumvention inquiry to determine whether merchandise developed after
an AD or CVD investigation is within the scope of the order(s). In
conducting later-developed merchandise inquiries under section
781(d)(1) of the Act, Commerce will evaluate whether: (1) The general
physical characteristics of the merchandise subject to the inquiry are
the same as subject merchandise covered by the order(s); (2) the
expectations of the ultimate purchasers of the merchandise subject to
the inquiry are no different to the expectations of the ultimate
purchasers of subject merchandise; (3) the ultimate use of the inquiry
merchandise and subject merchandise are the same; (4) the channels of
trade of both products are the same; and, (5) there are any differences
in the advertisement and display of both products.\6\ First, however,
Commerce applies a commercial availability test to determine whether
the merchandise subject to the inquiry was commercially available at
the time of the investigation(s) (i.e., the product was present in the
commercial market or the product was tested and ready for commercial
production).\7\
---------------------------------------------------------------------------
\6\ See section 781(d)(1) of the Act.
\7\ See Later-Developed Anticircumvention Inquiry of the
Antidumping Duty Order on Petroleum Wax Candles from the People's
Republic of China: Affirmative Preliminary Determination of
Circumvention of Antidumping Duty Order, 71 FR 32033, 32035 (June 2,
2006), unchanged in Later-Developed Merchandise Anticircumvention
Inquiry of the Antidumping Duty Order on Petroleum Wax Candles from
the People's Republic of China: Affirmative Final Determination of
Circumvention of the Antidumping Duty Order, 71 FR 59075 (October 6,
2006).
---------------------------------------------------------------------------
Analysis
After analyzing the record evidence and the petitioner's
allegation, we determine that there is sufficient information to
warrant the initiation of a minor alterations circumvention inquiry,
pursuant to section 781(c) of the Act and 19 CFR 351.225(i). However,
we determine that initiation of a later-developed merchandise
circumvention inquiry, pursuant to section 781(d) of the Act and 19 CFR
351.225(j), is not warranted. For a full discussion of the basis for
our decision to initiate a minor alterations circumvention inquiry, but
not a later-developed merchandise circumvention inquiry, see the
Initiation Decision Memorandum. The Initiation Decision Memorandum is a
public document, on file electronically via Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (ACCESS). ACCESS is available to registered users at
https://access.trade.gov. In addition, a complete version of the
Initiation Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
Conclusion
Commerce will determine whether the merchandise subject to the
inquiry (as described in the ``Merchandise Subject to the Anti-
Circumvention Inquiry'' section above) is circumventing the Orders such
that it should be included within the scope of the Orders, pursuant to
section 781(c) of the Act and 19 CFR 351.225(i).
In accordance with 19 CFR 351.225(l)(2), if Commerce issues a
preliminary affirmative determination, we will then instruct U.S.
Customs and Border Protection to suspend liquidation and require a cash
deposit of estimated duties, at the applicable rate, for each
unliquidated entry of the merchandise at issue entered or withdrawn
from warehouse for consumption on or after the date of publication in
the Federal Register of the initiation of the inquiry.
Commerce will establish a schedule for questionnaires and comments
on the issues related to the inquiry. In accordance with section 781(f)
of the Act, to the maximum extent practicable, Commerce intends to
issue its final determination within 300 days of the date of
publication of this initiation.
Notification to Interested Parties
This notice is published in accordance with sections 781(c) of the
Act and 19 CFR 351.225(i).
Dated: November 18, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, Performing the
Non-Exclusive Functions and Duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2021-25657 Filed 11-23-21; 8:45 am]
BILLING CODE 3510-DS-P
